The amount of State scrip which according to statutes, had been earned by the progress made towards constructing the tunnel before the surrender of the property to the State, may be stated as follows:-- Strictly considered, no portion of the tunnel at the East End was cut to the required size of 14 feet wide and 18 feet high, much of it was less than 12 feet wide, and some of it only about 13 feet high. At the entrance the excavation was so nearly sufficient that only a small amount more was required to bring it to full size, and had all the rest been well done, a not very exacting inspector might have passed 25 feet of this as completed. The remaining 2,964 feet of penetration at this end could form no ground whatever for a claim as completed work. At the West Shaft the heading had been driven in both directions 56-1/2 feet. At the West End the total penetration had been 543 feet. Of this distance 26 feet had been arched with stone--40 feet is in rock, standing without support, and 477 feet is temporarily supported with timbers. Under the assumption that the 40 feet left unsupported is safe enough to be left permanently 80, then 66 feet was completed at this end, giving at all points a total penetration of 3,588-1/2 feet, of which, 91 feet was completed. It is clear that the payment of $50,000, under the Act of April 5, 1854, for 1,000 feet of completed tunnel, was not earned. Under the Act of 1859, scrip to the amount of $50,000 was to be delivered upon the completion of 1,000 feet of heading, and though the prior conditions of this Act had not been complied with, this amount may fairly be considered as having been earned. The next payment of $30,222.22 for the completion of the second 1,000 feet of tunnel was clearly not earned. All subsequent payments were made under the Act of April 4, 1860, providing for the payment of $30 per foot for heading and $20 per foot for the enlargement. The total amount according to the several Acts is as follows:-- Under the Act of 1859,-- For 1,000 feet of heading, $50,000 00 Under Act of 1860,-- For balance of heading, say 2,588-1/2 feet, at $30 per foot, 77,655 00 For 91 feet of enlargement, at $20 per foot, 1,820 00 ----------- Total amount earned, $129,475 00 The amount of State scrip which under the statute had been earned by the progress made in constructing the railroad may now be considered.